Law Commons^™

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung

Jae-Hyup Lee

International climate change negotiations reached a critical crossroads in 2012. Facing the conclusion of the Kyoto Protocol and with no successor regime yet negotiated, nations have been compelled to re-engage in substantive and far-ranging discussions. The nation of Korea has distinguished itself in this process, in particular by hosting the final ministerial meeting prior to this year’s Conference of the Parties in Doha, Qatar. The Korean government’s willingness to lead has also been evidenced by Korea’s founding of the Global Green Growth Institute, a leading international organization in the area of environmentally responsible economic development, and its successful bid to …

Business Responses To Climate Change Overview Of This Issue , Perry Wallace

Perry Wallace

No abstract provided.

The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth

David A. Wirth

By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change, and in …

Legal Nature Of The Traded Units Under The Emissions Trading Systems And Its Implication To The Relationship Between Emissions Trading And The Wto, Wen-Chen Shih Dr

Wen-chen Shih Dr

With regard to the relationship between emissions trading and the WTO, most existing literature focuses on the emissions trading system under the Kyoto Protocol without analysing existing or forthcoming domestic or regional emissions trading systems. Furthermore, these analyses also did not differentiate between different types of emissions trading systems, in particular the possible different legal nature of various types of the ‘units’ that are being traded under different types of emissions trading system. Is this an over-simplified approach in terms of analysing the relationship between emissions trading and the WTO? This is the main research question of this article. By …

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.

Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson

Prof. Elizabeth Burleson

This article focuses on emerging international law addressing climate change. Providing a background on international negotiations, it considers the greenhouse gas emissions targets needed to avert catastrophic climate change. Assessing the funding debate, this article concludes that agreement in Copenhagen must result in a comprehensive instrument with which to maintain global emissions below 350 parts per million of carbon dioxide. Multilateral coordination can develop an effective framework for climate stabilization.

Meaningful Participation In A Global Climate Regime, Bryant Walker Smith

Bryant Walker Smith

An effective climate regime must be global rather than merely international and must contemplate the significant involvement of actors other than states. “Meaningful participation” in a global climate regime is already occurring in the Global South. That participation helps to satisfy the existing international legal obligations undertaken by developing states and merits greater recognition in future legal regimes. Moreover, that participation constitutes a form of global governance separate from the United Nations Framework Convention on Climate Change (UNFCCC) and, regardless of its legal status, deserves greater attention in practical efforts to address climate change.

The article has several parts. First, …

Global Warming: A Second Coming For International Law?, Deepa Badrinarayana

Deepa Badrinarayana

This paper analyzes the role of international law in addressing global warming through the lens of a select number of compliance theories and rational choice theory. It presents an alternative view to the limits of international law in addressing climate change, i.e., that international law has created an economic dependency that has constrained the space for pursuit of traditional legal rights. In making this argument, this article examines the history oil exploration and climate policy. The article also makes some brief suggestions towards increasing the space for traditional legal rights.

Air Pollution As An Asset: China's Use Of The Kyoto Protocol's Clean Development Mechanism, Bryant Walker Smith

Bryant Walker Smith

This article, which examines the use of the Kyoto Protocol's Clean Development Mechanism (CDM) in the People's Republic of China, has two purposes. First, it places both China and the CDM in the larger context of international environmental law. Second, it analyzes and assesses China’s use of the CDM.

The article has six parts. Following a brief note about Taiwan, Part 3 discusses climate change and China. Part 4 tracks the global response to climate change, including the CDM. Part 5 examines the relationship between the CDM and China, and Part 6 concludes with a consideration of additional challenges present …

The Reduction Of Air Pollution: States And Markets For An Environmental Global Governance, Marta D'Auria

Bocconi Legal Papers

The air pollution is a global issue; therefore, in order to deal with it, the solution cannot be national. Not only does the Kyoto Protocol establish specific deadlines and quantitative targets for the reduction of greenhouse gases, but it also provides for the so-called ‘flexibility mechanisms’. Among these, it should be mentioned the ‘emissions trading’ system, which establishes a cap of allowable emissions, by allocating ‘emissions allowances’ and trade in them. The paper analyses four main aspects. Firstly, the choice of market-based instruments in the environmental policy, which mark the shift from ‘command-and-control’ to a new type of regulation. Secondly, …

To Hell With Kyoto, It’S Time For Something Real!, Altdus Ray Frank

Altdus Ray Frank

The intended gift of clean air and pristine atmosphere through the inception of the Kyoto Protocol was meant to be a measure to protect the environment for not only the present generation, but the future as well. Instead of accepting this gift, humanity has yet again showed its darker side; shredding the ambitious purpose of this document and crucifying its creators as being overzealous, overbearing fools. People must come to terms and understand that environmental catastrophe is the single greatest threat faced by humanity today.

It is time for a new dawn, a new era where, the global community has …

China And Climate Change: Domestic Environmental Needs, Differentiated International Responsibilities, And Rule Of Law Weaknesses, Patricia Ross Mccubbin

Patricia Ross McCubbin

China recently become the world’s largest emitter by volume of greenhouse gases. As the U.S. moves forward with domestic efforts to restrict its GHG emissions, some policymakers will continue to condition any U.S. obligations on China’s commitments to curb its own emissions. Fortunately, the opportunity exists for a mutually beneficial U.S.-China dialogue on this issue, since, as this article makes clear, China’s central government recognizes that climate change could cause devastating sea level rises that will affect major population centers in the country, as well as droughts and other natural disasters. The central government likewise understands that measures to reduce …

Achieving Early And Substantial Greenhouse Gas Reductions Under A Post-Kyoto Agreement, John Dernbach

John C. Dernbach

This article explains why policy makers should seriously consider substantial early reductions in greenhouse gas emissions as a part of any post-Kyoto framework, and sets out suggested elements of a framework for early action in a post-Kyoto agreement. Substantial early reductions are needed because of the growing urgency of the climate change science, the precautionary approach identified in the Framework Convention on Climate Change as a decision-making principle, the fact that cost-effective measures are now available, and the significant non-climate benefits (security, economic, social, and environmental) that can be achieved by implementing them. As a practical matter, too, long-term greenhouse …

Carbon Trading: Environment’S Tryst With Economics, Ved Prakash

VED PRAKASH

Over a decade ago, most countries joined an international treaty under the United Nations Framework Convention on Climate Change (“UNFCCC”) to begin to consider reduction of global warming and finally after intense negotiations, the Kyoto Protocol was adopted at the third Conference of the Parties to the UNFCCC (COP 3) in Kyoto, Japan, on 11 December 1997 and finally comes into force on 16 February 2005. The first commitment period of the Kyoto Protocol expires in 2012.

Moving The Climate Change Debate From Models To Proposed Legislation: Lessons From State Experience, John C. Dernbach

John C. Dernbach

This Article assesses the relationship between state climate change mitigation measures and potential national climate change legislation. It describes and evaluates eleven different legal and policy tools being employed by states. These are: customer choice of electricity providers, environmental labeling requirements for electricity sources, building codes requiring energy efficiency, demand-side management, system benefit charges, cap-and-trade programs, tax credits, net metering, planning and siting preferences for renewable energy facilities, CO2 limits for new power plants, and renewable energy portfolio standards. Two broad conclusions emerge from this analysis. First, these tools have considerable potential to reduce greenhouse gas emissions. They achieve reductions …

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.